An advocate from Uttar Pradesh Prashant Patel, on June 19, 2015, had sent a report to the Election Commission and then President Pranab Mukherjee that 21 MLAs of the Aam Aadmi Party in Delhi should be disqualified as they held offices of profit while being legislators. He claimed they were getting monetary compensation. Mukherjee sent Patel’s complaint to the Election Commission, asking for its opinion. The commission issued notices to the MLAs in March 2016.
“I did not file this petition because I am a part of any political party. I sent it as a layman,” Patel said after reports emerged on Friday that the poll panel had recommended the disqualification of Aam Aadmi Party’s legislators. For someone interested in politics, in a city like Delhi, it is impossible to avoid it, Patel added. “After doing research, I found the move to be unconstitutional and filed a plea with the President’s secretariat.”
“This will restore public faith in the constitutional authorities and a message has gone now that politicians doing illegal acts won’t be spared,” Patel added.
He further added that, “First of all, the Delhi HC has no locus as the EC has only answered a reference to the President. Do the MLA’s want HC to stay such a communication? The problem is AAP doesn’t believe in any Constitution, high court or Supreme Court. If the President disqualifies them, they will abuse him also.”